[HISTORY: Adopted by the Town Board of the Town of Lewiston 5-14-1973 by L.L. No.
3-1973 (Ch. 22A of the 1965 Code); amended in its
entirety 3-8-1976 by L.L. No. 1-1976. Amendments noted where applicable.]
As used in these regulations, the following terms shall be defined
as follows:
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
An area bounded by streets.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street right-of-way lines.
The deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than
such as are compatible with the full exercise and enjoyment of the
public uses to which the property has been devoted.
A right-of-way granted for limited use of private land for
a public or quasi-public purpose.
A person licensed as a professional engineer by the State
of New York.
A street, generally parallel and adjacent to a property line,
having a lesser right-of-way width than normally required for satisfactory
improvement and use of the street.
A tract or parcel of land intended for transfer of ownership,
use or improvement.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots, or any size
subdivision requiring any new street or extension of municipal facilities.
A Comprehensive Plan, prepared by the Planning Board, pursuant
to § 272-a of the New York State Town Law, which indicates
the general locations recommended for various functional classes of
public works, places and structures and for general physical development
of the municipality, and includes any unit or part of such plan separately
prepared and any amendment to such plan or parts therein.
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map or Zoning Ordinance.
A map established and adopted by the Town Board under § 270
of the Town Law showing streets, highways, parks and drainage systems,
theretofore laid out, adopted and established by law, and any amendments
or additions thereto adopted by the Town Board.
The portion of a street or alley intended for vehicular movement.
The Planning Board of the Town of Lewiston.
An informal plan, not necessarily to scale, indicating salient
existing features of a tract and its surroundings and the general
layout of the proposed subdivision, as well as the name of its owner.
A drawing, map or chart in final form, showing a proposed
subdivision containing all information or detail required by law and
by these regulations, to be presented to the Planning Board for approval,
and which, if approved, shall be duly filed or recorded by the applicant
in the office of the County Clerk.
A drawing or drawings clearly marked "preliminary plat,"
showing the salient features of a proposed subdivision, submitted
to the Planning Board for purposes of consideration prior to submission
of the plat in final form and of sufficient detail to apprise the
Planning Board of the layout of the proposed subdivision.
A lot extending between and having frontage on a major traffic
street and a minor street, and with vehicular access solely from the
latter.
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street.
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation.
The owner, or authorized agent of the owner, of a subdivision.
The division of any parcel of land into two or more lots,
plots, blocks, sites or other divisions of land for immediate or future
sale or for a building development, with or without streets or highways;
provided, however, that the sale or exchange of parcels of land between
adjacent or adjoining property owners, or where such sales do not
create additional lots, shall not be considered a subdivision of land.
The term "subdivision" also includes resubdivision of land previously
divided or plotted into lots, sites or parcels and, as appropriate
in these regulations, shall refer to the process of subdividing land
or to the land subdivided.
A person licensed as a land surveyor by the State of New
York.
The Town of Lewiston, New York.
The duly elected Town Board of the Town of Lewiston.
The Town Engineer of the Town of Lewiston or such engineer
designated as such by the Town.
By authority of the provisions of § 274-a of Article
16 of the New York State Town Law, the Planning Board is directed
to study each plat for land subdivision within the Town and to recommend
to the Town Board approval, approval with modifications or disapproval,
in accordance with the procedure and standards hereinafter stated.
Such recommendation shall be transmitted to the Town Board within
45 days after the preliminary plat has been referred to the Planning
Board by the Town Board or after receipt of the application fee and
sketch plan in the case of a minor subdivision. The Town Board shall
not act upon the proposed subdivision until the Planning Board has
reported or 45 days have elapsed. In case of a recommendation for
disapproval, the Planning Board shall state the reasons for such recommendation.
A.
Applicability.
(1)
No subdivision of any lot, tract or parcel of land shall be effected,
and no street, sanitary sewer, storm sewer, water main or other facilities
in connection therewith shall be laid out, constructed, opened or
dedicated for public use and travel, or for the common use of occupants
of buildings abutting thereon, except in strict accordance with the
provisions of these regulations.
(2)
All plans for subdivision shall be submitted to the Planning Board
for review and recommendations before they are acted upon by the Town
Board.
(3)
The provisions contained herein shall apply to all land within the
Town of Lewiston exclusive of any incorporated Village and exclusive
of any lands which are zoned and developed as a PUD or PRD pursuant
to the provisions of Planned Unit and Planned Residential Development.
[Amended 6-18-1979 by L.L. No. 5-1979]
B.
Policy. It is declared to be the policy of the Town Board and the
Planning Board to consider land subdivision plats as part of a plan
for the orderly, efficient and economical development of the Town
of Lewiston. This means, among other things, that:
(1)
Land to be subdivided shall be of such character that it can be used
safely for building purposes without danger to health, or peril from
fire, flood or other menace.
(2)
Proper provision shall be made for drainage, water supply, sewerage,
other underground utilities, and other needed improvements.
(3)
All proposed lots shall be so laid out and of such size as to be
in harmony with the development pattern of the neighboring properties.
(4)
The proposed streets shall compose a convenient system conforming
to the Official Map, shall be properly related to the proposals shown
on the Master Plan and shall be of such width, grade and location
as to accommodate the prospective traffic to facilitate fire protection
and to provide access of fire-fighting equipment to buildings.
(5)
Proper provision shall be made for open spaces for parks and playgrounds.
Whenever any subdivision of land is proposed to be made, and
before any contract for the sale of or any offer to sell any lots
in such subdivision or any part thereof is made, and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivider or his duly authorized agent shall apply,
in writing, for approval of such proposed subdivision in accordance
with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing
or resubdividing land, submit to the Town Clerk, at least 10 days
prior to the regular meeting of the Planning Board, three copies of
a sketch plan of the proposed subdivision, for the purposes of classification
and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized representative, shall attend
the next meeting of the Planning Board to discuss the requirements
of these regulations for street improvements, drainage, stormwater
management, sewerage, water supply, fire protection and similar aspects,
as well as the availability of existing services and other pertinent
information.
[Amended 12-27-2007 by L.L. No. 3-2007]
(2)
Classification of the sketch plan is to be made at this time by the
Planning Board as to whether it is a minor or major subdivision, as
defined in these regulations.
C.
Approval of minor subdivision.
[Amended 12-27-2007 by L.L. No. 3-2007]
(1)
Application fee. Within six months after classification of the sketch
plan as a minor subdivision, the subdivider shall pay to the Town
Clerk an application fee as set from time to time by resolution of
the Town Board of the Town of Lewiston. Failure to do so shall require
resubmission of the sketch plan to the Planning Board for reclassification.
[Amended 8-27-2018 by L.L. No. 4-2018]
(2)
SWPPP. If required for the proposed minor subdivision under Article II of Chapter 143 of the Town Code, the subdivider shall submit a stormwater pollution prevention plan (SWPPP), together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 143-5B of the Town Code.
(3)
Planning Board recommendation. Upon receipt of the application fee, the Town Clerk shall so notify the Planning Board and the Planning Board shall, within 45 days thereafter, consider the proposed minor subdivision and make its recommendations to the Town Board to approve, modify and approve, or disapprove the proposed minor subdivision. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 306-4C(2) of this chapter, the Planning Board shall not recommend to approve the minor subdivision plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. The Planning Board and/or the Town Board may require, however, when it is deemed necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the Planning Board should require that the proposed minor subdivision comply with all or some of the requirements specified for major subdivisions, it shall so state in its recommendation to the Town Board.
(4)
Town Board decision. Upon receipt of the recommendation of the Planning Board, the Town Board shall, within 45 days thereafter, approve, modify and approve, or disapprove the proposed minor subdivision. Approval shall not be deemed final until the subdivider has complied with the provisions with respect to certification that any required public improvements have been completed or bond satisfactory to the Town Board has been posted in lieu thereof. If a stormwater pollution prevention plan was submitted pursuant to § 306-4C(2) of this chapter, the Town Board shall not approve the minor subdivision plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code.
D.
Approval of preliminary plat of major subdivision.
[Amended 12-27-2007 by L.L. No. 3-2007]
(1)
Submission of preliminary plat. Six copies of the preliminary plat shall be presented to the Town Clerk at least 10 days prior to a regular meeting of the Town Board. Two copies shall be referred by the Town Board to the Planning Board for study and consideration. The preliminary plat and supporting data shall comply with the provisions of § 306-7 of these regulations.
(2)
Meeting with Planning Board. The subdivider, or his duly authorized
representative, shall attend the next regularly scheduled meeting
of the Planning Board for discussion and review of the preliminary
plat.
(3)
Modifications. Within 45 days after the meeting of the Planning Board
at which the preliminary plat is reviewed, the Planning Board shall
notify the subdivider of the changes and modifications, if any, which
must be incorporated into the final plat before the Planning Board
would consider recommending approval of the proposed subdivision.
(4)
Planning Board review. The Planning Board shall study the practicability
of the preliminary plat, taking into consideration the requirements
of the community and the best use of the land being subdivided. Particular
attention shall be given to the arrangement, location and width of
streets, their relation to the topography of the land, water supply,
sewage disposal, drainage, stormwater management, lot sizes and arrangement,
the future development of adjoining lands as yet unsubdivided and
the requirements of the Master Plan, the Official Map and the Zoning
Ordinance.[1]
(5)
Planning Board recommendation. The Planning Board shall, within 60 days of its receipt of the preliminary plat, forward the plat to the Town Board with recommendations to approve, modify and approve, or disapprove the preliminary plat. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 306-7A(3)(c) of this chapter, the Planning Board shall not recommend approval of the preliminary plat unless the plat and SWPPP comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. The recommendation of approval of the preliminary plat, subject to conditions, revisions and modifications as stipulated by the Planning Board, shall not constitute Town Board approval of the subdivision, but rather, the Town Board shall be the sole authority to grant such approval.
(6)
Town Board decision. On receipt of the preliminary plat with recommendations of the Planning Board, or after a lapse of 90 days after the preliminary plat was received by the Planning Board, the Town Board will approve, modify or disapprove the plat. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 306-7A(3)(c) of this chapter, the Town Board shall not approve the preliminary plat unless the plat and SWPPP comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. Approval of the preliminary plat shall constitute conditional approval of the subdivision by the Town Board.
E.
Approval of final plat of major subdivision.
(1)
Submission of final plat. The subdivider shall, within six months
after the approval of the preliminary plat, file with the Town Board
six copies for approval of the subdivision plat in final form. The
final plat shall conform in all important respects with the preliminary
plat as previously reviewed by the Planning Board and previously approved
by the Town Board, and shall incorporate all modifications and revisions
specified by the Town Board in its approval of the preliminary plat.
Otherwise, the plat shall be considered as a revised preliminary plat.
If the final plat is not submitted within six months after the approval
of the preliminary plat, the Town Board may refuse to approve the
final plat and require resubmission of the preliminary plat.
(2)
Submission in sections. The Town Board may permit submission of the
final plat in sections, each covering a portion of the entire proposed
subdivision as shown on the preliminary plat, in accordance with an
approved schedule.
(3)
Application fee.
[Amended 4-14-1980 by L.L. No. 2-1980]
(a)
All applications for final plat approval must be accompanied
by a fee, as set from time to time by resolution of the Town Board
of the Town Lewiston, to cover the necessary engineering review fee
and other expenses incurred by the Town.
[Amended 8-27-2018 by L.L. No. 4-2018]
(b)
All application fees for apartment complexes, plazas, townhouses,
condominiums and other construction will be determined following approval
of the preliminary plat.
(c)
Such fees are not refundable under any circumstances.
(4)
Public hearing by the Town Board. Within 45 days after the submission
of a final plat for consideration, the Town Board shall hold a public
hearing on the plat. Notice of the hearing shall be advertised in
a newspaper of general circulation in the municipality at least five
days before such hearing.
(5)
Action of Town Board. The Town Board shall act on each plat submitted within 45 days after a public hearing on the plat, unless the time is extended by mutual consent of the applicant and the Town Board. The Town Board, by resolution, shall either conditionally approve the plat, conditionally approve the plat with modifications, disapprove the plat or grant final approval to the plat and authorize the signing of the plat. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 306-7C(3)(j) of this chapter, the Town Board shall not act to approve the final plat or authorize the signing of the final plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. If the Town Board fails to act on a plat within 45 days after the public hearing, or within any extended time period agreed upon, the plat may be considered approved. Upon demand of the person submitting the plat, the Town Clerk shall issue a certificate as to the date of submission and the failure of the Town Board to take action, and that certificate is sufficient as evidence of approval.
[Amended 12-27-2007 by L.L. No. 3-2007]
(6)
Town Board decision. The final plat and supporting data shall comply
with the provisions of this chapter. Failure to do so shall be cause
for tabling the plat for a period of not more than six months within
which the subdivider must conform or begin the approval process anew.
(a)
Conditional approval.
[1]
If the Town Board conditionally approves a final plat, it shall
empower a duly authorized officer of the Town to give final approval
by signing the plat upon completion of any requirements stated in
the resolution of conditional approval. Within five days of conditional
approval, the Clerk of the Board shall:
[a]
Certify the plat as conditionally approved, subject
to any requirements stated in the resolution of conditional approval.
[b]
File a copy of the plat in his office.
[c]
Mail a certified copy of the plat to the person
seeking approval, together with a certified statement of the requirements
which must be completed before the plat may be signed as finally approved.
[2]
Upon completion of those requirements, the duly authorized officer
of the Town shall sign the plat.
[3]
Conditional approval of a plat expires 180 days after the date
of the resolution granting conditional approval, unless the requirements
stated in that resolution have been certified as completed. However,
if the Town Board finds an extension is warranted by the circumstances,
the time for completion of those requirements may be extended by the
Town Board for not more than two additional periods of 90 days each.
(b)
Approval of sections. Before granting conditional or final approval
to a plat, the Board may permit the plat to be divided into two or
more sections. Each section must encompass at least 10% of the total
number of lots shown on the plat. Conditional or final approval of
the sections of a plat must be granted concurrently with conditional
or final approval of the plat. If a plat has been divided into sections,
the Town Board may, in its resolution of conditional or final approval,
require compliance with conditions as are necessary to assure the
orderly development of the plat before the sections of the plat are
signed by the duly authorized officer of the Town.
(c)
Final approval. Final approval of a plat, or a certificate of failure to act as provided for in Subsection E(5) of this section, expires 30 days after the approval or issuance of certificate, unless the plat or a section thereof has been filed and recorded in the office of the County Clerk. If only a section of the plat is filed with the County Clerk, the entire approved plat must be filed with the Town Clerk within 30 days of the filing of the section with the County Clerk, or the approval or the certificate of failure to act expires. The approval or certificate expires for any section not filed with the County Clerk before expiration of the exemption period to which the plat is entitled under § 265-a of the Town Law.
(7)
Alteration after approval. No changes, erasures, modifications or
revisions shall be made in any final subdivision plat after approval
has been given by the Town Board and endorsed in writing on the final
plat, unless the said final plat is first resubmitted to the Town
Board and such Board approves any modifications. In the event that
any such subdivision plat is recorded without complying with this
requirement, the same shall be considered null and void, and the Town
Board shall institute proceedings to have the plat stricken from the
records of the County Clerk.
(8)
Filing of final plat. Upon completion of the requirements above and
notation to that effect upon the subdivision plat, it shall be deemed
to have final approval and shall be properly signed by the Town Clerk
and may be filed by the applicant in the office of the County Clerk.
Any subdivision plat not so filed or recorded within 90 days of the
date upon which such plat is approved, or considered approved by reasons
of failure of the Town Board to act, shall become null and void, unless
the particular circumstances of said applicant warrant the Town Board
to grant an extension which shall not exceed two additional periods
of 90 days.
[Amended 12-27-2007 by L.L. No. 3-2007]
The design standards listed below shall be incorporated in all
proposed subdivision plans and plats. The design and construction
of all subdivisions shall comply with any stormwater pollution prevention
plan submitted by the subdivider and approved by the Town.
A.
Land requirements. Land shall be suited to the purposes for which
it is to be subdivided and be of such character that it can be used
safely without danger to health or peril from flood, fire or other
menace.
B.
Street system layout.
(1)
The location of all major streets in the proposed subdivision shall
conform in general alignment to the Master Plan and to the Official
Map, if any. Street right-of-way widths shall be as shown in the Master
Plan and where not shown thereon shall be not less than as follows:
|
Street Type
|
Minimum Right-of-Way Width
(feet)
| |
|---|---|---|
|
Major
|
100
| |
|
Collector
|
85
| |
|
Minor or local
|
66
|
(2)
The proposed street layout shall provide for the continuation or
projection of existing streets in the surrounding areas, unless the
Planning Board deems such extension undesirable for specific reasons
of topography or design.
(3)
Streets shall be logically related to the topography to produce usable
lots and reasonable grades.
(4)
Minor streets shall be laid out to discourage through traffic, but
provision for street connections into and from adjacent areas will
generally be required.
(5)
Adequate street rights-of-way shall be provided as necessary where
lots in the proposed subdivision are large enough to permit resubdivision,
or if a portion of the tract is not subdivided.
(6)
Where a subdivision abuts or contains an existing or proposed major
traffic street, the Planning Board or Town Board may require marginal
access streets, rear service alleys, reverse frontage lots or such
other treatment as will provide protection for abutting properties,
reduction in the number of intersections with the major street and
separation of local and through traffic.
(7)
New half or partial streets will not be permitted, except where essential
to reasonable subdivision of a tract in conformance with the other
requirements and standards contained herein and where, in addition,
satisfactory assurance for dedication of the remaining part of the
street can be secured.
(8)
Wherever a tract to be subdivided borders on an existing half or
partial street, the other part of the street shall be dedicated and
plotted within such tract.
(9)
Dead-end streets shall be prohibited, except as stubs to permit future
street extension into adjoining tracts. A temporary turnaround shall
be provided at the stub end of future streets. (This should not be
confused with culs-de-sac, if such should be approved by the Town
Board).
(10)
Street grades.
(a)
Street grades, wherever feasible, shall not exceed the following,
with due allowance for reasonable vertical curves and with not less
than 200 feet between changes of grade:
|
Street Type
|
Maximum Grade
(percent)
| |
|---|---|---|
|
Major
|
4%
| |
|
Collector
|
6%
| |
|
Minor or local
|
6%
|
(b)
In order to facilitate drainage, no street grade shall be less
than 0.4%, when possible, but in no event less than 0.3%.
(11)
No street names shall be used which will duplicate or be confused
with the names of existing streets. Street names shall be subject
to the approval of the Town Board.
(12)
Street intersections.
(a)
Streets shall be laid out to intersect as nearly as possible
at right angles. No street shall intersect another at an angle of
less than 75°.
(b)
Multiple intersections involving a junction of more than two
streets shall be avoided. Where this proves impossible, such intersections
shall be designed with extreme care for both pedestrian and vehicular
safety.
(c)
A clear-sight triangle of 30 feet measured along street lot
lines from their point of junction shall be provided at all intersections,
and no building or other obstructions of any nature shall be permitted
within such sight triangles.
(d)
To the fullest extent possible, intersections with major traffic
streets shall be located not less than 800 feet apart, measured from
center line to center line.
(e)
Streets entering opposite sides of another street shall be laid
out either directly opposite one another or with a minimum of 125
feet between their center lines.
(f)
Minimum curb radii at street intersections shall be 15 feet
for intersections involving only minor streets, 25 feet for intersections
involving other-type streets, or such greater radius as is suited
to the specific intersection.
(g)
Where a subdivision abuts or contains an existing street or
inadequate right-of-way width, additional right-of-way width in conformance
with the Master Plan will be required.
(h)
Where the grade of any street at the approach to an intersection
exceeds 3%, a leveling area shall be provided having not greater than
3% grades for a distance of 25 feet measured from the nearest right-of-way
line of the intersecting street.
C.
Lots and lot sizes.
(2)
Where either or both water supply and sanitary sewage disposal are
provided by individual on-lot facilities and evidence indicates that
the requirements of the Zoning Ordinance are not adequate, the Town
Board may require tests in accordance with the rules and regulations
of the State Department of Health, undertaken at the expense of the
developer, to determine the adequacy of the proposed lot size and
existing grade and soil conditions. In all such cases where the tests
indicate a large lot size to be necessary, the Town Board may employ
the services of a registered and qualified independent sanitary engineer
for advice as to the minimum lot size and/or facilities necessary
to prevent unsanitary conditions and hazards to the public health.
In such cases, the cost of retaining the services of a qualified engineer
shall be borne by the developer.
(3)
Where subdivisions are proposed to be served by either or both on-lot
sanitary sewage disposal and water supply facilities, the lot area
and dimensions required to prevent health hazards shall be subject
to individual review and determination by the Town Board, the Planning
Board, the New York State Department of Health and/or the Niagara
County Board of Health.
(4)
All lots shall front upon a public street.
(5)
The ratio of the depth of any lot to its width shall not be greater
than 2 1/2:1, except as may be specified in the Zoning Ordinance.
(6)
Side lot lines shall be substantially at right angles or radial to
street lines.
(7)
If remnants of land exist after subdividing, they shall be incorporated
in existing or proposed lots or dedicated to public use, if acceptable
to the municipality.
(8)
Double frontage lots are prohibited, except where employed to prevent
vehicular access to major traffic streets.
(9)
The depth and width of parcels laid out or reserved for nonresidential
use shall be sufficient to provide satisfactory space for off-street
parking and loading as required by the provisions of the Zoning Ordinance[2] Buffer zones having a minimum width of 100 feet, adequately
landscaped, are to be provided between differently zoned projects.
D.
Easements.
(1)
Easements with a minimum width of 12 feet, plus the width of any
required pipe or other improvement, shall be provided as necessary
for utilities.
(2)
To the fullest extent possible, easements shall be centered on or
adjacent to rear or side lot lines.
(3)
Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as is required by Chapter 143 of the Code of the Town of Lewiston, New York, and as will be adequate to preserve natural drainage.
E.
Blocks.
(2)
Blocks generally shall not be less than 400 feet nor more than 1,200
feet in length. In general, no block width shall be less than 300
feet. In blocks exceeding 800 feet in length, the Town Board or Planning
Board shall require the reservation of a twenty-foot-wide easement
through the block to provide for the crossing of underground utilities.
(3)
Residential blocks shall be of sufficient depth to accommodate two
tiers of lots, except where reverse frontage lots bordering a major
traffic street are used.
F.
Parks and recreation. Parks and recreation areas are to be consistently
acquired from all new subdivisions. Where recreation site fees are
charged in lieu of land, such fees are to be set aside in a fund to
be used for land acquisition or used for the acquisition or improvement,
where applicable, of park or recreation areas. The dedication of 10%
of the area of the land being subdivided will be required. A cash
payment per dwelling unit, as set from time to time by resolution
of the Town Board of the Town of Lewiston, may be required instead
of dedication of land where a park or recreation area would be unsuitable
or too small to be maintained effectively or the Town Master Plan
or good planning judgment would not support the location of a recreation
area. Such fee shall be paid to the Town Clerk prior to the approval
of the final plat.
[Amended 8-27-2018 by L.L. No. 4-2018]
G.
Storm drainage.
[Amended 12-27-2007 by L.L. No. 3-2007]
(1)
Except in accordance with a stormwater pollution prevention plan
submitted by the subdivider and approved by the Town, lots shall be
laid out and graded to provide positive drainage away from buildings.
(2)
Storm sewers, culverts and related installations shall be provided
as per plans approved by the Engineer. These systems and improvements
shall be adequate to provide for all proper drainage of roofs, yards,
paving and streets, to permit the unimpeded flow of natural watercourses,
to ensure adequate drainage of all low points along the line of streets
and to intercept stormwater runoff along streets at intervals reasonably
related to the extent and grade of the area drained. Notwithstanding
the foregoing, storm sewers, culverts and related installations, and
other drainage facilities shall comply with any stormwater pollution
prevention plan submitted by the subdivider and approved by the Town.
(3)
In the design of storm sewerage installations, special consideration
shall be given to avoidance of problems which may arise from a concentration
of stormwater runoff over adjacent properties.
H.
Drainage improvement.
[Amended 12-27-2007 by L.L. No. 3-2007]
(1)
The subdivider shall be required by the Planning Board and the Town
Board to carry away, by pipe, any spring or surface water that may
exist either previous to or as a result of the subdivision. Such drainage
facilities shall be located in the street right-of-way, where feasible,
or in perpetual unobstructed easements of appropriate width. Any such
drainage facilities shall comply with any stormwater pollution prevention
plan submitted by the subdivider and approved by the Town.
(2)
A culvert or other drainage facility shall, in each case, be large
enough to accommodate potential runoff from its entire upstream drainage
area, whether inside or outside the subdivision. The Engineer shall
approve the design and size of a facility based on anticipated runoff
from a ten-year storm under conditions of total potential development
permitted by the Zoning Ordinance[4] in the watershed. Notwithstanding the foregoing, for all subdivisions subject to the regulation under Article II of Chapter 143 of the Town Code, the design and size of drainage facilities shall be determined in accordance with the technical standards set forth therein, but shall in no case be based on anticipated runoff from a storm frequency more frequent than a ten-year storm.
(3)
The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision. This study shall be reviewed by the Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a ten-year storm, or such other storm frequency as may be required pursuant to Article II of Chapter 143 of the Town Code, the Planning Board shall notify the governing body of such potential condition. In such case, the Planning Board shall not recommend approval of the subdivision until provision has been made for the improvement of said condition.
(4)
Land subject to flooding or land deemed by the Planning Board or
the Town Board to be uninhabitable shall not be platted for residential
occupancy, nor for such other uses as may increase danger to health,
life or property, or aggravate the flood hazard, but such land within
the plat shall be set aside for such uses as shall not be endangered
by periodic or occasional inundation, or improved in a manner satisfactory
to the Planning Board and the Town Board to remedy said hazardous
conditions.
I.
Subdivisions, including streets, shall be constructed in accordance
with any stormwater pollution prevention plan submitted by the subdivider
and approved by the Town.
[Added 12-27-2007 by L.L. No. 3-2007]
Minimum improvements and construction standards required of
all subdivisions shall be as set forth in this section and the Town
of Lewiston General Specifications and shall further be in accordance
with the prevailing standards as established by the Town Board upon
advice of the Planning Board and the Town Engineer. Alternate improvement
standards may be permitted if the Town Board deems them equal or superior
in performance characteristics to the specified improvements. Additional
or higher-type improvements may be required in specific cases where
the Town Board believes it necessary to create conditions essential
to the health, safety, morals and general welfare of the citizens
of the Town of Lewiston.
A.
Monuments and markers. Monuments shall be placed so that the scored
or marked point shall coincide exactly with the intersection of the
lines to be marked, and shall be set so that the top of the monument
or marker is level with the surface of the surrounding ground.
(1)
Monuments shall be set at the intersection of all lines forming angles
in the boundary of the subdivision. Monuments may be of the following
two types:
(2)
Markers shall be set at the beginning and ending of all curves along
street property lines, at all points where lot lines intersect curves,
either front or rear, and at all angles in property lines of lots.
At all corner lots, markers shall consist of steel bars at least 15
inches long and not less than 3/4 inch in diameter.
(3)
A permanent bench mark shall be established referenced to United
States Coast and Geodetic Survey and tied to the elevation shown on
all plans, subject to approval of the Town Engineer.
B.
Streets.
(1)
Required improvements and construction standards shall be in accordance
with the Town of Lewiston General Specifications.
(2)
Streets (and alleys where provided) shall be graded, surfaced and
improved to the grades and dimensions shown on plats, profiles and
cross sections submitted by the subdivider and approved by the Town
Engineer.
(3)
Curbing in conformance with the Town of Lewiston General Specifications
shall be provided for all subdivision streets.
C.
Public water supply. Where the public water supply, in the opinion
of the Town Board, is reasonably accessible, the subdivision shall
be provided with a complete water distribution system, including a
connection for each lot and appropriately spaced fire hydrants. Where
the public water supply is not within a reasonable distance, an alternate
supply, approved by the State Department of Health, shall be furnished.
D.
Public sanitary sewer system.
(1)
Where the public sanitary sewer system, in the opinion of the Town
Board, is reasonably accessible, sanitary sewers shall be installed
to adequately serve all lots with connections to the public system.
Where the lots cannot be served by the extension of an existing public
sanitary sewer, the subdivider shall obtain approval of lot sizes
from the Town Board. In addition, individual septic tanks and disposal
fields and/or neighborhood disposal systems shall be approved by the
Niagara County Health Department.
(2)
Where the Town of Lewiston has a plan for constructing or extending
the public sanitary sewer system into an area that is being subdivided
and it is reasonably expected that the area will be served by the
public system within a period of five years, capped sewers shall be
installed to adequately serve all lots in the proposed subdivision.
G.
Other utilities. All electrical power and telephone utility lines
shall be installed in easements provided for along the rear property
lines. In all cases, these utility lines must be installed underground.
In such event, easements for utilities placed underground may appear
along rear property lines or within the street right-of-way or in
easements adjacent thereto.
H.
Other street improvements.
(1)
Street signs, streetlighting and fire-alarm signal devices shall
be provided at appropriate locations on all streets. The type, height
and design shall be approved by the Town Board in accordance with
the Town of Lewiston General Specifications.[3]
(2)
One tree, other than a poplar or willow, must be planted upon each
subdivision lot five feet outside of the highway right-of-way on each
new road and, where practical, each existing road. No tree may be
planted within the highway right-of-way of any Town, County or state
highway without first obtaining written permission from the appropriate
Highway Superintendent, with approval of the Town Engineer.
I.
Responsibility of subdivider. In all cases, the subdivider shall
be responsible for the installation of all required improvements under
supervision of the Town Engineer and in the manner specified below.
J.
Method of providing improvements. No final plat shall be approved
by the Town Board until assurance has been given for the proper installation
of required improvements in either of the following ways:
(1)
Performance bond. The subdivider shall post with the Town Board a
certified check or bond made out to the Town of Lewiston in an amount
sufficient to cover the full cost of installing the required improvements
as estimated by the Town Engineer. In the case of a bond filed, it
shall be with surety satisfactory to the Town Board, and the time
for the completion of the improvements and installations shall be
specified, such time to be satisfactory with the Town Board.
(2)
Construction of improvements. The subdivider shall install the required
improvements in accordance with the standards and specifications contained
in this section as well as the Town of Lewiston General Specifications[4] and with the final plat submitted to the Town Board. The
subdivider shall employ a licensed professional engineer to design
and provide general supervision of the improvements to be installed.
Such general supervision shall include the supervision of the necessary
leakage and pressure tests that will ensure compliance with New York
State water mains. The subdivider shall obtain a certificate from
the Engineer stating that all improvements have been so installed
in accordance with Town specifications.
(3)
Public improvement permit.
[Amended 8-8-2005 by L.L. No. 2-2005]
(a)
Permit required; application; maps and surveys.
[1]
No person, firm, association or corporation shall install, construct
or perform any work incident to the installation and/or construction
of any public improvement upon real property in the Town without first
having obtained a permit.
[2]
Application for public improvement permits must be received
by the Town Clerk at least one week prior to a scheduled Town Board
meeting for consideration at that meeting.
[3]
These permits are to be issued by the Town Clerk, with the approval
of the Town Board, after certification by the designated Town Officer
that the plans and specifications, as submitted by the applicant,
comply with the specifications and requirements of the Town, and by
the Town Attorney that the bonds and other legal requirements are
met.
[4]
The applications for such permits shall be made on forms furnished
by the Town. They shall contain such information as the designated
Town Officer and the Engineer of the Town shall require to determine
that the proposed improvement will conform to the specifications and
requirements of the Town for such proposed improvement.
[5]
All applications shall be accompanied by five complete sets
of drawings (prints), previously approved, together with specifications
of the proposed public improvement, prepared by a professional engineer
duly licensed by the State of New York or a licensed land surveyor,
under the provisions of § 7208 of the New York Education
Law.
(b)
Deposit and payment of fees.
[1]
The fee for the public improvement permit, as set from time
to time by resolution of the Town Board of the Town of Lewiston, shall
be paid by the developer to the Town of Lewiston.
[Amended 7-28-2014 by L.L. No. 4-2014; 8-27-2018 by L.L. No. 4-2018]
[2]
Simultaneously with the filing of an application for a public
improvement permit and development, and prior to the commencement
of any construction of any buildings, highways, drainage facilities,
utilities or parks therein, the applicant or developer, as the case
may be, shall deposit with the Town Clerk a sum of money, the actual
costs to be determined by the Town based on studies over several years,
previous Town experience with public improvements, various surveys
of other towns and general knowledge in the engineering and legal
professions. The deposit shall be an amount necessary to pay the legal,
inspection, and engineering costs of the project. Under no circumstances
will the cost to the applicant or developer be more than the Town-Board-approved
vouchered costs.
[3]
Upon receipt and approval by the Town Board of an itemized voucher
from an engineer and/or attorney rendered on behalf of the Town pertaining
to the development, the Town Clerk shall cause such vouchers to be
paid out of the monies so deposited and shall furnish copies of such
vouchers to the applicant or developer at the same time such vouchers
are submitted to the Town Board.
(c)
Administrative, legal, engineering and inspection costs; work
schedule; completion of improvement.
[1]
All vouchers and charges to the developer or applicant must
be reviewed and approved by the Town Board before the engineers are
paid for the services rendered to the Town from the deposit provided
by the developers under this public improvement subsection.
[2]
The applicant shall be responsible for the actual cost of the
project, which includes administration, legal, and engineering costs,
and the costs of full-time inspection. No work will be permitted without
a Town Inspector on site.
[3]
The Town Board of the Town of Lewiston hereby adopts a cost
schedule, which shall be set by resolution of the Town Board. This
schedule shall be subject to further review and modification from
time to time. The Town Engineer shall approve estimated construction.
[4]
The developer is responsible for submitting to the Town an estimate
of the number of days that will be required to complete the project.
A normal workday will be considered to be eight hours. The developer
will be required to deposit a sum of money equal to the total of the
days, times eight hours, necessary to complete the project, multiplied
by the inspection rate per hour set by the Town and agreed to by developer
and Town. Administration costs will be agreed to prior to the start
of work. Town expenses will be reimbursed to the Town and are the
responsibility of the developer.
[5]
A work time schedule will be agreed upon by the applicant and
the Town Engineer. Contractors shall give at least 24 hours' notice
to the Town Engineer before starting work, continuing work previously
started but delayed for any reason or stoppage of work.
[6]
The developer is responsible for depositing with the Town any
additional funds required to complete the project if the project has
not been completed within the time specified.
[7]
Any deposit surplus shall be returned to the applicant; or,
if there is a deficit, the applicant shall pay to the Town sufficient
additional amounts to pay the actual total cost of inspections and
engineering, administrative and legal costs incurred by the Town for
the project.
[8]
Before any more moneys are so placed in escrow, the person depositing
the same shall acknowledge the terms of this subsection upon a form
prescribed by the Town Board.
[9]
The applicant shall provide any required easements or rights-of-way
to the Town in a form acceptable to the Town Attorney for filing in
the Niagara County Clerk's office.
[10]
The applicant shall furnish certification of completion and
waiver of all liens stating that all construction costs, including
inspection costs and legal, administrative and engineering costs,
have been paid.
[11]
The fees charged by the engineers for inspections will be at
the same rate the Town Engineers charge the Town for inspections and
other related matters. There will be no variations in charges from
the set approved rates charged to the Town for other engineering required
by the Town.
[12]
After five workdays, if the additional money needed to complete
the project is not deposited, the Town may or will stop work on the
project until the money is deposited.
[13]
Upon completion of any public improvement, the applicant shall
submit a record set of plans to the Town Engineer, signed by a licensed
professional engineer in the State of New York. Upon receipt of such
certification, the Town Engineer shall recommend approval or disapproval
for acceptance for maintenance of the improvements by the Town.
(d)
Insurance requirements. All applications for public improvement
permits shall be accompanied by insurance documentation which specifically
lists the Town of Lewiston as an additional insured on policies of
general liability in the face amount no less than that which the Town
carries for its own coverage.
(e)
Failure to comply; forfeiture. In the event that the holder
of the public improvement permit shall fail or refuse to comply with
provisions of this article, the above bond shall be forfeited to the
Town of Lewiston.
(f)
Supervision of work; inspections.
[1]
No work shall be performed except under the supervision and
inspection of the Town Engineer or his designee.
[2]
The applicant shall provide written notice to the Town Engineer
of intent to proceed on the public improvement. The Town Engineer
shall authorize the applicant to proceed only upon the Town Engineer's
receipt of written verification that all permit requirements remain
in effect and after a preconstruction meeting has been held.
[3]
Upon completion of the work authorized by the public improvement
permit application, the Town Engineer will provide the Town with:
[a]
A certificate of construction compliance at completion
of each permit.
[b]
Sanitary sewer and water main test reports.
[c]
Niagara County Health Department acceptance of
installed facilities.
[d]
Photocopies of inspectors' reports during construction.
[e]
Two paper prints, one Mylar, and one electronic
copy of the as-built condition of installed facilities, elevations,
locations, etc., as provided by the developers' engineers.
[4]
Upon receipt of the certificate of construction and as-built
prints, a walk-through inspection will be conducted a minimum of one
week prior to a regularly scheduled Board Meeting.
[6]
The Town Board will then authorize payment of any moneys remaining
for inspection fees to the owner.
[7]
Work under this permit shall be completed within one year from
the date of permit issuance.
(g)
Conditions of acceptance.
[1]
Upon completion of any public improvement, the applicant shall
submit a record set of plans to the Town Engineer, and two paper prints,
one Mylar, and one electronic copy in AutoCAD format of the as-built
condition of installed facilities, elevations, locations, etc., to
the Town of Lewiston.
[2]
The applicant shall provide any required easements or rights-of-way
to the Town in a form acceptable to the Town Attorney for filing in
the Niagara County Clerk's office by the applicant.
[3]
Compliance with the provisions of this subsection shall be a
condition precedent to the acceptance of any public improvement by
the Town.
(5)
Maintenance bond. In submitting the final plat to the Town Board
the subdivider shall submit a maintenance bond in the amount of 50%
of the construction costs to guarantee the maintenance and repair
of the streets in the subdivision for two years after construction
thereof has been approved by the Engineer.
[Amended 8-12-2002 by L.L. No. 3-2002; 8-8-2005 by L.L. No.
2-2005]
A.
Preliminary plat.
(1)
Scale. The preliminary plat (six copies required) shall be at a scale
of not more than 100 feet to the inch.
(2)
Information. The preliminary plat shall show or be accompanied by
the following information:
(a)
Proposed subdivision name or identifying title.
(b)
North point, scale and date.
(c)
Name of the owner of the property.
(d)
Name and stamp of the registered engineer, surveyor or architect
responsible for the plat.
(e)
Tract boundaries with bearing and distance.
(f)
Ground elevations on the tract, based on a datum plan approved
by the Town Engineer. For land that slopes less than 2%, show spot
elevations at all breaks in grade, along all drainage channels or
swales and at selected points not more than 100 feet apart in all
directions. For land that slopes 2% or more, either show contours
with an interval of not more than five feet if the ground slope is
regular and such information is sufficient for planning purposes,
or show contours with an interval of not more than two feet if the
land slope is irregular or if more detailed data is necessary for
preparing plans and construction drawings.
(g)
Subsurface conditions on the tract, if required by the Town
Board or Planning Board: location and results of tests made to ascertain
subsurface soil, rock and groundwater conditions; depth to groundwater
less than five feet below the surface; and location and results of
soil percolation tests if individual sewage disposal systems are proposed.
(h)
Other conditions on the tract: watercourses, marshes, rock outcrops,
wooded areas, isolated preservable trees one foot or more in diameter,
houses, other buildings and other significant features.
(i)
Other conditions on adjacent land: approximate direction and
gradient of the ground slope, including any embankments or retaining
walls: power lines or towers; owners of adjacent unplatted land; and
subdivision plat names, recording date and number of adjacent platted
land.
(j)
All existing buildings, sewers, water mains, culverts, petroleum
or petroleum product lines, fire hydrants and other utilities and
other significant man-made features.
(k)
All existing streets on or adjacent to the tract, including
names, right-of-way widths, and pavement widths.
(l)
All existing property lines, easements and rights-of-way and
the purpose for which the easements of rights-of-way have been established.
(m)
Location and width of all proposed streets, alleys, rights-of-way
and easements; proposed lot lines with approximate dimensions; and
playgrounds, public buildings, public areas and parcels of land proposed
to be dedicated or reserved for public use.
(n)
Sites, if any, for multifamily dwellings, shopping centers,
churches, industry or other nonpublic uses, exclusive of single-family
dwellings.
(o)
The names of owners of all abutting unplatted land and the names
of all abutting subdivisions.
(p)
Where the preliminary plat covers only a part of the subdivider's
entire holdings, a sketch shall be submitted of the prospective street
layout for the remainder.
(q)
Copies of the proposed deed restrictions, if any, shall be attached
with the preliminary plat.
(r)
Land title and survey; deed description according to official
records; names and addresses of record owners; the map and date of
the survey of the tract boundaries (including all pertinent bearings
and distances) made and certified by a registered land surveyor, tied
into established Town reference points and, where possible, related
to the state system of plan coordinates established by Chapter 545
of the Laws of 1938;[1] and notations stating acreage, scale, North point, datum
and bench marks, as established by townwide drainage study.
[1]
Editor's Note: See Unconsolidated Laws § 8401 et seq.
(s)
Key plan at a scale of one inch equals 1,000 feet, showing locations,
street layout and boundaries of the subdivision relative to the surrounding
area.
(t)
Proposed lot lines and lot numbers.
(3)
Supplementary materials. Each preliminary plat submitted for approval
must be accompanied by the following supplementary materials:
(a)
When required by the Board, the preliminary plat should include
the following. All elevations shall be based on a datum plan established
by the comprehensive Town-wide drainage study.
[1]
Profiles showing existing ground surface and proposed street
grades, including extensions for a reasonable distance beyond the
limits of the proposed subdivision.
[2]
Typical cross sections of the proposed grading, roadway and
sidewalk.
[3]
Preliminary designs of any bridges and culverts which may be
required.
[4]
Preliminary plan of proposed water mains to connect with existing
public water supply, or an alternative means of water supply approved
by the County Health Department.
[5]
Preliminary plan of proposed sanitary sewers, with grades and
sizes indicated, connecting with existing sanitary sewerage systems,
or alternative means of treatment and disposal approved by the County
Health Department.
[6]
Preliminary plan for collecting and discharging storm drainage.
(b)
Draft of protective covenants to regulate land use in the subdivision
and to otherwise protect the proposed development if the subdivider
proposes to record such covenants.
(c)
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article II of Chapter 143 of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications or disapprove the SWPPP pursuant to § 143-5B of the Town Code. The SWPPP shall comply with the requirements of Article II of Chapter 143 of the Town Code.
[Added 12-27-2007 by L.L. No. 3-2007]
B.
Prerequisites to approval of final plats. Except as permitted under § 306-6J of this chapter, before final approval of a plat can be granted, the following must be completed:
(1)
Public improvements.
(a)
Each street or other public place shown on the plat must be
suitably graded and paved.
(b)
Street signs, sidewalks, streetlighting standards, curbs, gutters,
street trees, public utilities, water mains, fire-alarm signal devices
(including necessary ducts, cables and other connecting devices),
sanitary sewers, storm drains, curbs and sidewalks must be installed
in accordance with standards, specifications and procedures acceptable
to the appropriate Town departments and in conformance to the Town
of Lewiston General Specifications.[2]
(2)
Monuments. Suitable monuments must have been placed at block corners
and other necessary points as required by the Board.
(3)
Recreation. Except as permitted under Subsection B(4) of this section, any fee to the recreation development fund in lieu of parkland reservations must be made before the plat may be approved.
(4)
Sections. If the Board has permitted the plat to be divided into sections, approval of the plat may be granted when the requirements of Subsection B(1), (2) and (3) of this section are met with respect to the first section of the plat to be filed with the County Clerk. However, no construction may begin in any other portion of the tract until the requirements of Subsection B(1), (2) and (3) of this section have been met with respect to the appropriate section of the plat and that section of the plat has been filed with the County Clerk.
C.
Final plat.
(1)
Size and legibility.
(a)
The subdivision plat [six copies required] submitted for final
approval shall be a clear, legible, white print or an ink drawing.
(b)
Final plat shall be on linen or canvas-backed paper sheets not
larger than 20 inches by 40 inches overall. It is recommended that,
as far as practicable, final plat sheets be held to the following
overall sizes: 20 inches by 20 inches and 20 inches by 40 inches.
Where necessary to avoid sheets larger than the maximum size prescribed
above, final plats shall be drawn in two or more sections accompanied
by a key diagram showing the relative location of the sections.
(2)
Scale and information.
(a)
The final plat shall be at a scale of not more than 100 feet
to the inch, and shall include the following information:
[1]
Subdivision name or identifying title.
[2]
North point, scale and date.
[3]
Primary control points, approved by the Town Engineer, or descriptions
and ties to such control points, to which all dimensions, angles,
bearings and similar data on the plat are referred.
[4]
Name and address of the record owner and subdivider.
[5]
Name and seal of the registered professional engineer or surveyor
responsible for the plat.
[6]
Boundaries of the tract.
[7]
Street lines, lot lines, rights-of-way, easements and areas
dedicated or proposed to be dedicated to public use.
[8]
Sufficient data to determine readily the location, bearing and
length of every street, lot and boundary line, and to reproduce such
lines on the ground.
[9]
The length of all straight lines, radii, lengths or curves and
tangent bearings for each street.
[10]
Purposes of any easements, other rights-of-way and sites, other
than residential lots which are dedicated or reserved.
[11]
The proposed building setback line for each street, or the proposed
placement of each building.
[12]
Location and width of all private driveways.
[13]
Location, size and invert elevation of all sanitary and storm
sewers, and the location of all manholes, inlets and culverts.
[14]
All dimensions shall be shown in feet and in hundredths of a
foot.
[15]
Cross sections and profiles of streets, drains and sewers showing
grades approved by the Town Engineer. The profiles must be drawn to
standard scales and elevations and based on a datum plan supplied
by the comprehensive Town-wide drainage study.
[16]
Lot numbers.
[17]
Names of streets within and adjacent to the subdivision.
[18]
Permanent reference monuments shall be shown and specified by
the Engineer.
[19]
Certification by a registered land surveyor (with his name,
address, New York State license number and seal) certifying to accuracy
of survey and plat.
[20]
Wherever practicable, the names of any adjoining subdivisions
shall be shown.
[21]
Wherever practicable, the names of the owners of any contiguous
unplatted land shall be shown.
[22]
Certificate of approval by the Niagara County Health Department.
[23]
Certificate of dedication of streets and other public property.
[24]
Certificate of approval by the Town Engineer.
[25]
Certificate of approval by the Highway Superintendent.
[26]
Certificate of approval by the Planning Board.
[27]
Evidence of review by the Niagara County Planning Board.
[28]
Certificate for approval by the Town Board.
(3)
Accompanying documents. The final plat shall include thereon or be
accompanied by:
(a)
An affidavit that the applicant is the owner or equitable owner
of the land proposed to be subdivided.
(b)
A statement duly acknowledged before an officer authorized to
take acknowledgements of deeds and signed by the owner or owners of
the property, to the effect that the subdivision as shown on the final
plat is made with his or their free consent and that it is desired
to record the same.
(c)
Certification by the Engineer that the subdivider has met the
requirements of this chapter.
(d)
Certification by the Niagara County Health Department that water
and sewage disposal has met its requirements.
(e)
Typical cross sections, street profiles and drainage details
for all streets. Such profiles shall show at least the following:
the existing (natural) grade along the proposed street center line;
the existing (natural) grade along each side of the proposed street
right-of-way; the proposed finished center line grade or proposed
finished grade at the top of curbs; the sanitary sewer mains and manholes;
and the storm sewer mains, inlets, manholes and culverts.
(f)
Protective covenants, if any, in form for recording, including
covenants governing the maintenance of unceded public spaces or reservations,
if such covenants are to be recorded.
(g)
Offers of cession in a form certified as satisfactory by the
Town of Lewiston Attorney of all land included in streets, highways
or parks not specifically reserved by the subdivider. Approval of
the final plat by the Town Board shall not constitute an acceptance
by the Town of Lewiston of the dedication of any street, highway or
park or another open public area.
(h)
A statement by the Town Attorney approving the legal sufficiency
of all offers of cession, of all covenants governing the maintenance
of unceded public space or sewer districts and of any bond offered
in lieu of the completion of required subdivision improvements.
(i)
Other requirements. Such other certificates, affidavits, enforcement
or other agreements as may be required by the Town Board in the enforcement
of these regulations. In special cases where there are potential hazards
of flooding or other hazards, in the opinion of the Town Engineer,
the Town may require the services of an independent engineer or expert
to recommend conditions under which the subdivision may be approved.
The expense of such engineer or expert shall be borne by the subdivider.
(j)
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article II of Chapter 143 of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications or disapprove the SWPPP pursuant to § 143-5B of the Town Code. Such SWPPP shall comply with the requirements of Article II of Chapter 143 of the Town Code.
[Added 12-27-2007 by L.L. No. 3-2007]
A.
Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of these regulations, the
Town Board shall have the power to vary or modify the application
of any of the requirements herein relating to the use, layout and
platting of land for subdivisions, so that the spirit of the regulations
shall be observed, public safety and welfare secured and substantial
justice done.
B.
Applications for modifications and variances shall be submitted,
in writing, by the subdivider at the time the preliminary plat or
final plat is filed with the Town Board. The application shall state
fully the grounds and all the facts relied upon by the applicant.
Any person or corporation who shall violate any of the provisions
of this chapter or fail to comply therewith or with any of the requirements
thereof, or who shall build or alter any building in violation of
any detailed statement of plan submitted and approved hereunder, shall
be guilty of a Class A misdemeanor, as defined in the New York State
Criminal Procedure Law, punishable by a fine not exceeding $1,000
or imprisonment for a period not to exceed one year, or both. Each
week's continued violation shall constitute a separate additional
offense. The owner or owners of any building or premises or part thereof
where anything in violation of this chapter shall be placed or shall
exist, and any architect, builder, constructor, agent, person or corporation
employed in connection therewith and who may have assisted in the
commission of any such offense shall be guilty of a separate offense
and, upon conviction thereof, shall be fined or penalized as herein
provided.
